The appeal for a higher initial rating for hammer toes was withdrawn by the Veteran, and thus is dismissed.
The deciding factor: The withdrawal of the appeal was explicit, unambiguous, and done with a full understanding of the consequences by the Veteran.
- Claimed conditions
- hammer toes
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001488
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for pes planus with hallux valgus, metatarsalgia, and hammer toes as the evidence did not support a finding that these conditions were incurred or aggravated during active service.
- Partly granted
The Board granted a noncompensable rating for hammer toes, a 10 percent rating for right foot arthritis, and temporary total evaluations for surgery associated with the service-connected conditions. The higher initial disability rating for hallux valgus and hallux rigidus was denied.
- Partly granted
The Board granted an increased rating of 20 percent for bilateral plantar warts but denied a higher rating for PTSD. The claims for service connection for right maxillary neurofibroma, COPD, and hammer toes were reopened.
- Partly granted
The appeal for an increased rating was denied, but the effective date for TDIU was granted as January 2, 2016.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.